Dershowitz: Trump Should Challenge Subpoena

Harvard Law professor emeritus Alan Dershowitz appeared on FOX News’ America’s Newsroom on Wednesday and said President Trump would be better off challenging special counsel Robert Mueller through legal procedures than to agree to answer the “open-ended, vague, and general” questions that were revealed this week.

Trump can make the argument that as president, he can not be asked why he made certain decisions or that the probe’s questions couldn’t go beyond the scope of Mueller’s authority, particularly about his business dealings, “and he may win or may lose that,” said Dershowitz.

The president can also challenge the subpoena through the federal court or Supreme Court, where the argument can be made that a president can not be subpoenaed before a grand jury, Dershowitz told Fox News, but he “would possibly lose that.”

“Mueller has the ultimate card in his hand, the subpoena card,” Alan Dershowitz

Dershowitz also opined that based on the potential questions, “Deputy Attorney General Rod Rosenstein must be recused from any further participation in the obstruction of justice part of the case. He is a central witness.”

In regards to the questions Dershowitz also added, “Plainly they want to ask him questions and give him an opportunity to ramble on and perhaps give them information they don’t have, or say things that are contradicted that they do have, One of the reasons they want to haul him in front of a grand jury or ask him questions. They want to see if he is going the lie. It’s a perjury trap. It is not the role of a grand jury to set perjury traps. It is to obtain information they don’t already have, not to give the subject an opportunity to lie about answers that they do already have.”